Dca/creditor Issue

[nickt1976]

a question for you all,
can an original creditor re-purchase a debt from a DCA they previously sold it to unlawfully, and pay themselves back from the money refunded from unlawful charges?. on top of this the DCA are in default for non comliance of CCA and the account is in dispute. also the creditor can only provide us with a copy of the application form and not a true signed agreement. hope that makes sense. any answers would be greatly appreciated. thanks in advance,
nick

[PriorityOne]

Originally Posted by nickt1976

a question for you all,
can an original creditor re-purchase a debt from a DCA they previously sold it to unlawfully,

Not to my knowledge... no.

and pay themselves back from the money refunded from unlawful charges?.

Are you referring to a DCA who has been collecting on behalf of a creditor ? In this case, all payments would go to the creditor anyway.

on top of this the DCA are in default for non compliance of CCA and the account is in dispute.

If they are in default, then you are within your rights to withhold further payments until a CCA can be produced and re-enforced in court.

also the creditor can only provide us with a copy of the application form and not a true signed agreement.

An application is not an Agreement.

hope that makes sense. any answers would be greatly appreciated. thanks in advance,
nick

[nickt1976]

thanks priorityone,
the debt was sold to link finance by mbna and was not being collected on their behalf. we recieved a letter today in which mbna stated they were taking steps to re-purchase the account from link and were intending to use some of our claim amount to clear the balance and sent us a cheque for the difference between the two. which we arent happy about at all, unforunately for mbna we have it in writing from them that a cheque for the full amount would be made payable to us directly and not to link or themselves. i think its just a last gasp attempt on their behalf as the deadline for their defence at the county court is tomorrow. just a bit unsure what to do now, especially considering the court stage is quite far along. dont know weather to tear the cheque up and return it or accept it as partial settlement.
any guidance on his would be amazing.
nick

[PriorityOne]

You may want to post a quick thread on the MBNA section in order to find out if this is the kind of thing they normally do...

You may also find this thread useful...

This Is Vital - Fsa Mass Complaint

[nickt1976]

thanks PriorityOne, have done the Fsa Mass Complaint and opened a thread up on MBNA but nobody replied so just thought i would try here because they have untill today to put in a defence. The thread on MBNA is more long-winded and basically the story so far and not as straight to the point as this but will post this exact same question there and see if someones got an answer. Thanks for your time, much appreciated Nick